Reluctant U.S. Supreme Court on collision course with Trump

Swim19 · 12-10-2018, 10:25 PM

Quote:

At the same time, the administration has been seeking to leap-frog more liberal-leaning lower courts to get cases on divisive questions over immigration, transgender rights and the U.S. census before the justices more rapidly.

"The court seems to be in go-slow mode at the moment when it comes to big cases. The court appears content to focus on meat-and-potatoes cases rather than blockbuster ones," said Kannon Shanmugam, a lawyer who regularly argues cases before the justices.
Trump has frequently railed against the lower courts, especially the liberal-leaning San Francisco-based 9th U.S. Circuit Court of Appeals, that have ruled against him in some major cases including the travel ban.

In a setback to social and religious conservatives who strongly support Trump, the high court on Monday declined to take up appeals by Kansas and Louisiana to deny Planned Parenthood public funds under the Medicaid health insurance program for the poor.

Quote:

The court early next year must decide whether to hear two high-profile appeals by Trump's administration. One involves the president's bid to end deportation protections for hundreds of thousands of illegal immigrants known as "Dreamers" who were brought into the United States as children. The other involves his proposed limits on transgender people serving in the military.

Both policies were blocked by lower courts.

In an unusually aggressive strategy, Solicitor General Noel Francisco, a conservative lawyer who is Trump's top Supreme Court advocate, sought to bypass lower appeals courts by asking the justices to take up both cases early in the appellate process.

Of the two cases, the court may be more likely to hear the immigration dispute, according to Nicole Saharsky, a former Justice Department lawyer now in private practice. The transgender case "seems like more of a reach," Saharsky added.
Jonathan Adler, a professor at Case Western Reserve University School of Law, said Trump's lawyers are in a delicate position.

"On the one hand, if they overplay their hand on a regular basis, they risk alienating the justices. On the other hand, there are some cases ... in which they have legitimate complaints. In a sense, they don't want to cry wolf, but there are wolves out there," Adler said.

https://www.msn.com/en-us/news/polit...cid=spartandhp

JohannBernoulli1667 · 12-10-2018, 11:01 PM

I will laugh if that happens...

Would be a great fuck you to the administration, if you can even call it an administration.

Battitude2 · 12-11-2018, 03:31 AM

Interesting observation: Did you guys see that the Supreme Court declined to take on the planned parenthood case just yesterday? By refusing to take on that case, the Supremes let split appeals court decisions stand. Basically if you reside in one part of the country, you got stuck with the decision from one appeals court, and if you live in the other side of the country, a different set of rules applies to you (because the ruling from both appeals courts was contradictory). The setting up of contradictory decisions by different appeals courts via Hanen was the strategy that the Texan piece of s*** attorney general wanted to use to kill DACA. Their whole premise was that the Supreme Court cannot let contradictory decisions stand, therefore forcing the Supreme Court to intervene immediately to kill DACA. Now the Supreme Court is saying well I guess it’s ok to let split decisions stand, which is a big deal. Not that it will turn out the same for DACA, but at least this means that the Hanen strategy is not guaranteed to work 100%. I bet this is in part a result of Trump attacking Roberts, who is now the de facto swing vote of the court in addition to being the Chief Justice. Also Kavanaugh weirdly sided with Roberts and the liberals on the planned parenthood case. Truly a WTF moment, but it’s good news nonetheless.

libertarian1776 · 12-11-2018, 06:25 AM

SCOTUS is gonna side with us... book it.

Trump alienated Chief Justice Roberts and he knows Trump is fucken up and a is a big threat on our institutions

and i think Gorsuch isn’t a hard liner on immigration. (could be wrong)

S	M	T	W	T	F	S
	1	2	3	4	5	6
7	8	9	10	11	12	13
14	15	16	17	18	19	20
21	22	23	24	25	26	27
28	29	30

They need you!

Forum links

Resources

Join our list

National calendar of events

June

Reluctant U.S. Supreme Court on collision course with Trump